MARCH 2, 2006 - Posted at 8:00 a.m. CST
LITTLE ROCK, AR - An auto insurance company did not have to defend a customer in Saint Francis County who, while sitting in his pickup truck, shot another person through the wall of a house. That was the ruling yesterday from the Arkansas Court of Appeals. Judges reversed a Saint Francis County judge's ruling that the shooting fell under the terms of American Underwriters Insurance Company's policy for Steven Drummond.
The court opinion says that in June 2002, Drummond drove behind Kenneth Dilks and his son Bobby while the two were riding a four-wheeler along the highway and tried to hit them with his vehicle. The ruling said that, when the Dilkses arrived at their home, Drummond pulled in front of the home, pointed his shotgun and fired a shot at Kenneth Dilks. The shot went through the wall of the Dilks' residence and hit Bobby Dilks.
After Bobby Dilks' parents filed a lawsuit against Drummond, his attorney asked the insurance company for defense and coverage.
The insurance company argued that the policy covered auto accidents, not intentional acts.